AMINA (SMT.) Vs. IBRAHIM

JUDGEMENT

(1.) This Criminal Revision Petition under Sec. 397 read with Sec. 401 Crimial P.C. is directed against the order dated 17.1.2006 passed by the Additional Sessions Judge-cum-Special Judge, SC/ST (Prevention of Atrocities) Cases, Pratapgarh (for short, "the revisional Court" hereinafter), whereby the revision petition filed by the respondent against the order dated 10.11.2004 passed by the Judicial Magistrate, Pratapgarh (for short "the trial Court" hereinafter) was allowed and the application filed by the petitioner under Sec. 125 Crimial P.C. was dismissed.

(2.) I have heard learned counsel for the parties and carefully gone through the order passed by the revisional Court as well as by the trial Court and also gone through the record of the trial Court. The facts and circumstances giving rise to the instant revision petition are that the petitioner filed an application under Sec. 125 Crimial P.C. against the respondent on 5.8.1999 seeking monthly allowance of maintenance on the ground that she contracted "Nikah" with the petitioner six years ago according to the Muslim Law and from the wedlock and lion of the respondent, she gave a birth to male child. Thereafter, the respondent started raising demand of dowry and used to assault her physically and cause mental harassment. Even, she was not provided adequate meals and ultimately, the respondent demanded a sum of Rs. 35,000.00 to be brought from the parents of the petitioner in dowry to which demand petitioner could not ful-fill and ultimately she was turned out from the matrimonial home by assaulting her and since then she has been living with her parents. It has also been averred in the application that she is unable to maintain herself whereas the respondent has sufficient means failed to maintain and neglect her. The respondent did not file reply to the application filed by the petitioner before the trial Court. The petitioner herself appeared as AW-1 and produced the witnesses AW-2 Mohammad, AW-3 Sugra and AW-4 Piru. In rebuttal, the respondent himself appeared as NAW-1, and produced the witnesses NAW-2 Shabbir, NAW-3 Ishaq. The trial Court on appreciation of evidence came to conclusion that the respondent having sufficient means, failed to maintain and neglect the petitioner and accordingly granted the monthly allowance of maintenance @Rs. 500.00 per month in favour of the petitioner and Rs. 300.00 per month in favour of the minor son Anwar.

(3.) That order came to be challenged by the respondent before the revisional Court, and the revisional Court set aside the order of trial Court, hence this revision petition.